Page:United States Statutes at Large Volume 36 Part 2.djvu/693

 2142 AGREEMENT—GREAT BRITAIN. JANUARY 27, 1909. ‘ in the form of municipal laws, ordinances, or rules, as, for example, to regulations in respect of (1) the hours, days, or seasons when fis_ may be taken on the treaty coasts; (2) the method, means, and implements to be used in the taking of fish or in the carrying on of fishing 0 rations on such coasts; (3) any other matters of a smular character rellgting to fishing; such regulations being reasonable, as being, for instance—— · _ (a) Ap ropriate or necessary for the protection and preservation of such fisheries and the exercise of the  of British subjects therein and of the liberty which by the said icle I the inhabitants of the United States have therein in common with British subjects; (b) Desirable on grounds of public order and morals; (c) Equitable an fair as between local fishermen and the inhabitants of the United States exercising the said treaty liberty and not so framed as to give unfairly an a vantage to the former over the latter class. UNM S*•*¤ It is contended on the Ipart of the United States that the exercise . of such liberty is not su ject to limitations or restraints by Great Britain, Canada, or Newfonmdland in the form of municipal laws, ordinances, or regulations in respect of(1) the hours, days, or seasons when the inhabitants of the United States may take iish on the treaty coasts, or (2)— the method, means, and implements used by them in · ‘ taking fish or- in carrying on iishing 0 rations on such coasts, or (3) anyIother limitations or restraints oim similar character- (a) nless they are appropriate and necessary for the protection and preservation of the common rights in such fisheries and the exercise thereof; and (b) Unless they are reasonable in themselves and fair as between local fishermen and iishermen coming from the United States, and xaot so fraimed as to give an advantage to the former over the latter c ass; an (c) Unless their_ appropriateness, necessity, reasonableness, and fairnem be determine b the United States and Great Britain by common accord and the United States concurs in their enforcement. Employment of Question  Have the inhabitants of the United States, while exer- °”°"‘ cisingxthe hberties referred to in said Article, a right to em loy as mem rs of the fishing crews of their vessels persons not inhabitants of the Unitvgd ztatesg b rmry u cumm- ion . an the exercise the inhabitants of the United . h°'”’°”'°°°° States of the liberties referred to yin the said Article be subjected, without the consent of the United States, to the requirements of entry or report at custom-houses or the payment of light or harbor or other dues, or to any other similar requirement or condition or exgction? U h Shag;. repairs. uestion 4. nder the rovision of the said Article that the `- "°°d’ `"°°". can iishermen shall be adiinitted to enter certain bays or harbiilrgéilolr shelter, repairs, wood, or water, and for no other pu ose whatever but that they shall be under such restrictions as mayl-Ee necessary to prevent their taking; drying, or curing fish therein or in any other manner whatever a using the privileges thereby reserved to them 1s_1t_lperm1ssible to impose restrictions making the exercise of such privi eges conditional upon_ the payment of light or harbor or other ggeigilgp entering or reporting at cl1St0m—h0uses or any similar con- M¤¤¤¤ ¤¤¤z¤¤- Question. 5. From where must be measured the " three marine miles of any of the coasts, bays, creeks, or harbors" referred to in the said Arg; e? 'f¤¤¤¢¤=*· °¤ N¤*‘· cation 6. Have the inhabitants of the Uni ‘ iX,,'"fii§$§.°r M°gd°` under the said Article or otherwise to take fishtiiii tgggheiyghigliicarg and creeks on that part of the southern coast of Newfoundlsind which